# 2021-158 Harassment, Harassment, Procedural Fairness

Case summary

F&R Date: 2022-04-29

The grievor grieved the lengthy period of time during which the administration and investigation of her harassment complaint toward her superiors was handled. The grievor stated that the Canadian Armed Forces (CAF), including the Responsible Officer, managed the file poorly. She stressed that she had never been informed about the existence of specific circumstances that would justify a waiver of the regulatory six-month deadline for producing a final investigation report. She was of the opinion that the administration of justice and procedural fairness were completely undermined by the CAF's inability to handle her harassment complaint in a proper and timely manner.

The Initial Authority (IA) partially allowed the grievance. The IA granted the grievor the right to receive a report regarding the handling of her harassment complaint, as well as a confirmation of the date on which she would receive the final investigation report. However, the IA concluded that the delays in handling the investigation, while regrettable, were justified and not excessive given the circumstances, specifically due to the pandemic and a significant number of respondents.

The Committee concluded that a six-month timeframe to conduct the assessment of the situation in the context of a harassment complaint is excessive and unjustified under the circumstances. The Committee also concluded that a three-year timeframe to handle a harassment complaint, despite the number of respondents and the pandemic, is excessive and unjustified under the circumstances. Lastly, the Committee concluded that the grievor's harassment complaint was not handled in accordance with the applicable provisions.

The Committee recommended that the Final Authority recognize that the grievor's harassment complaint was not handled in compliance with the applicable provisions, given the significant delays.